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Murph v. State

District Court of Appeal of Florida, Second District
Nov 17, 2004
886 So. 2d 430 (Fla. Dist. Ct. App. 2004)

Opinion

No. 2D04-2085.

November 17, 2004.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Pinellas County; Dee Anna Farnell, Judge.


Ernest C. Murph appeals the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Murph claims his sentence violates double jeopardy because the enhancement of his sentence contains two punishments for one criminal episode. This claim is facially insufficient because Murph failed to explain the enhancement of his sentence and the two punishments. See Powell v. State, 841 So.2d 580, 581 (Fla. 2d DCA 2003) (affirming the denial of a rule 3.800(a) claim where the defendant failed to explain the basis of his claim). A motion to correct illegal sentence that does not assert any facts or law to support a claim for relief is facially insufficient. Williams v. State, 773 So.2d 1176, 1176 (Fla. 2d DCA 2000). As to this claim, we affirm without prejudice to any right Murph may have to file a facially sufficient rule 3.800(a) motion. We affirm the denial of Murph's remaining claims without comment.

Affirmed.

SALCINES and VILLANTI, JJ., concur.


Summaries of

Murph v. State

District Court of Appeal of Florida, Second District
Nov 17, 2004
886 So. 2d 430 (Fla. Dist. Ct. App. 2004)
Case details for

Murph v. State

Case Details

Full title:Ernest C. MURPH, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Nov 17, 2004

Citations

886 So. 2d 430 (Fla. Dist. Ct. App. 2004)